Workers’ compensation cases tentatively identified for docketing in
August 2003 are being posted on our website at www.comp.state.nc.us
today. The section is on the front page of the website below the section on
Liquidations and Bankruptcies. Cases tentatively identified for docketing are
posted by Region/IC
File Number, Alpha
Plaintiff, and Alpha
Defendant.

Please request continuances and removals by no later than 12:00 noon,
June 17, 2003. Any request for continuance or removal should state briefly the
reason for the request. If the case is still being mediated or should be
mediated, please note this fact specifically. Continuances and removals should
be requested by email transmission to gheen@ind.commerce.state.nc.us.
Copies of any request for continuance or removal should be sent to all opposing
counsel or pro se parties.

It is particularly important
in this case scheduling cycle that counsel identify cases that are not ready for
hearing. First, Deputy Commissioners Bain Jones and Amy Pfeiffer have announced
their retirement from the Industrial Commission and are no longer in rotation to
hear cases. Second, ten cases that are “special sets” are anticipated to
require twenty-one trial days. The special sets will require two Deputy
Commissioners. Therefore, there are only fourteen available Deputy Commissioners
to hear some four hundred and forty compensation and state tort claim cases.

Trial counsel are reminded that ANY case that is reasonably anticipated
to require four hours of hearing time are “special sets.” The Deputy
Commissioner Section places “special set” cases on individualized dockets to
accommodate the length of time required to hear these cases. Counsel should
review the cases posted and identify those cases that qualify special sets.
Immediately identify these cases to my office my email in order that proper
arrangements can be made for the trial of these cases.

Deputy Commissioners are being requested to closely scrutinize requests
for continuances once trial dockets have been published. Please note that Rule
611(6)(emphasis added) specifically provides, “Hearing costs shall be assessed in each
case set for hearing, including those cases which are settled after
being calendared and notices mailed, and shall be payable upon receipt of a
statement from the Industrial Commission.”

We emphasize again this month that the Deputy Commissioner Section is
experiencing difficulty in timely receiving Pretrial Agreements pursuant to the
Pretrial Orders issued with every docket. Failure to timely file the Pretrial
Agreement makes the planning of dockets and actual hearing of the cases more
difficult. If counsel needs an extension of time to file the Pretrial Agreement,
it is incumbent upon trial counsel to secure affirmative permission of the
Deputy Commissioner assigned to the case. Deputy Commissioners are being
requested to consider appropriate sanctions in every case involving a failure to
timely file Pretrial Agreements where extensions of time have not been granted. The
cooperation of the trial bar in timely filing the Pretrial Agreements is greatly
appreciated.

Thank you for your efforts in making the docketing process a success. I
remain in your service.